IP High Court Grand Panel, 2006 (Gyo-Ke) 10563 [Solder Resist]
更新日:12 時間前
Article information
Article type: Case note
Category: Trademarks, Patents
Topics: AI and intellectual property
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2025-12-09 (Japan time). Full English translation.
IP High Court Grand Panel, 2006 (Gyo-Ke) 10563 [Solder Resist]
A case in which an invention could be specified using a trademark (a disclaimer claim).
(Excerpt from the court's reasoning)
The invention is specified in a negative form of expression (the so-called “disclaimer claim” format), with reference to the description of particular substances or products in Example 2 of the earlier application's specification. Since this appears to be the only way to exclude the portion identical to the cited invention precisely, neither more nor less, the use, in the corrections at issue, of the trademark “TEPIC,” which serves as an element specifying the cited invention, to indicate the excluded portion cannot be said to violate Article 24 of the above Regulations.
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